Sayne v. State’s Empirical Analysis

Citation profile

30 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The State also maintains that the search could be justified on the ground that the appellant consented to the search of the automobile. In this case the evidence indicates that the officer asked the appellant to pull down the sunvisor and that the appellant complied with this request, but that he could not remember the exact words he used in making the request. The law in this area was well stated in United States v. Payne, 429 F.2d 169 (9th Cir. 1970), where it was said: ‘When the prosecution seeks to rely upon consent to justify the lawfulness of a search, it has the burden of proving that the consent was, in fact, freely and voluntarily given. Bumper v. North Carolina, 391 U.S. 543, 548 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); United States v. Curiale, 414 F.2d 744, 747 (2nd Cir. 1969). Though consent may constitute a waiver of Fourth Amendment rights, Zap v. United States, 328 U.S. 624 , 66 S.Ct. 1277 , 90 L.Ed. 1477 (1945), to be valid a waiver must be an intelligent relinquishment of a known right or privilege, Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938). Such a waiver cannot be conclusively presumed from a verbal expression of assent. The Court must determine from all the circumstances whether the verbal assent reflected an understanding, uncoerced, and unequivocal election to grant the officers a license which the person knows may be freely and effectively withheld. Cipres v. United States, 343 F.2d 95, 97 (9th Cir. 1965).’ 429 F.2d at 171 ”

   1 later decision quote this exact passage
   e.g. 174 Ind. App. 423 - Stinchfield v. State

2. “Though consent may constitute a waiver of Fourth Amendment rights, to be valid a waiver must be an intelligent relinquishment of a known right or privilege. Such a waiver cannot be conclusively presumed from a verbal expression of assent. The Court must determine from all the cireumstances whether the verbal assent reflected an understanding, un-coerced, and unequivocal election to grant the officers a license which the person knows may be freely and effectively withheld.”

   1 later decision quote this exact passage
   e.g. Thurman v. State

3. “nothing more than passive submission to the search”

   1 later decision quote this exact passage
   e.g. Thurman v. State